SAN FRANCISCO – A Missouri consumer alleges that a pharmaceutical company did not include the potential harmful effects of prolonged use of Viagra on its labels.
Seamus O. Calkins filed a complaint on April 28 in the U.S. District Court for the Northern District of California against Pfizer Inc. citing alleged breach of implied warranty, breach of express warranty, fraud, negligence and other counts.
According to the complaint, the plaintiff alleges that in May 2011, he was diagnosed with malignant melanoma when a biopsy was conducted on his right calf. He alleges this was caused by his continued use of Viagra. The plaintiff holds Pfizer Inc. responsible because the defendant allegedly knew about the harmful effects of Viagra when it tested sildenafil, the drug's active ingredient, on rats. Despite knowing the harmful effects of the drug, the defendant allegedly chose to distribute it without providing any warnings or precautions on the drug's label.
The plaintiff requests a trial by jury and seeks general damages, all medical expenses, interest, full refund of all purchase costs of Viagra, consequential damages, compensatory damages, punitive damages, all legal fees and any other relief as this court deems just. He is represented by Kimberly D. Barone Baden and Ann E. Rice Ervin of Motley Rice LLP in Mount Pleasant, South Carolina.
U.S. District Court for the Northern District of California Case number 3:16-cv-02316-RS